Yanez Merino (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 500 (Student) visa. The applicant sought to review a decision concerning their eligibility for this visa subclass.

The central legal issue before the Tribunal was whether the applicant met the criteria for being a "genuine applicant for entry and stay as a student," as stipulated by clause 500.212 of Schedule 2 to the Migration Regulations 1994. This criterion requires the applicant to genuinely intend to stay in Australia temporarily and to comply with any visa conditions. The Tribunal was also required to consider Direction No. 108, which provides guidance on assessing the genuine temporary entrant criterion.

The Tribunal reasoned that the applicant was performing well in their current studies and was enrolled in a course that would be of value to their stated business plans. Having regard to these factors and the guidance provided in Direction No. 108, the Tribunal was satisfied that the applicant met the genuine temporary entrant criterion.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the genuine temporary entrant criterion for a Subclass 500 (Student) visa.